RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01897
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The declination code be removed and he be allowed to elect the Career Status Bonus (CSB).

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APPLICANT CONTENDS THAT:

He was under the impression he could select whatever retirement plan he wanted anytime after his 15-year point but before 20 years of active service.

In support of his appeal, the applicant provided an electronic mail (e-mail) document.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of first lieutenant having been promoted to that grade on 24 May 04.  His Total Active Federal Military Service Date (TAFMSD) is 17 Feb 88.

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AIR FORCE EVALUATION:

AFPC/DPPRR recommended denial noting that if a member does not have eligibility or has not made an election for CSB by the 16th year of active service, the member will remain in the High‑3/50% retirement plan and is no longer eligible for this program.  The notification should be provided on or before the date a member completes 14 years and 6 months of active service.  The applicant’s 14 years and 6 months of active service was 17 Aug 02 with a 15-year point of active service of 17 Feb 03.

AFPC/DPPRR indicated that based on Air Force policy, the applicant’s window of opportunity is past suspense and he is no longer eligible for this program.  The declination code was updated with a Notification Date of 17 Jul 02.  There were no supporting documents to support the declination.  However, the applicant still failed to apply for the CSB within the required timeframe.  He also did not provide any information showing he inquired of his Military Personnel Flight (MPF) regarding his CSB eligibility at anytime in the past two years.  According to AFPC/DPPRR, information and criteria for this program are available through many sources.  In their view, the applicant’s submission was handled properly.

A complete copy of the DPPRR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 Jul 04 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s uncorroborated assertions and the documentation provided in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  It appears the applicant failed to apply for the CSB within the required timeframe.  He contends he was under the impression he could make a retirement selection at anytime after he reached 15 years of active service, but before he reached 20 years of active service.  However, after a thorough review of the facts and circumstances in this case, we are of the opinion the applicant failed in his responsibility to exercise due diligence concerning this matter.  In view of the foregoing, and in the absence of sufficient evidence he was the victim of miscounseling, or was treated differently from similarly situated individuals, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01897 in Executive Session on 19 Aug 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRR, dated 28 Jun 04.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Jul 04.